ASLEEP AT THE SWITCH
When someone is asleep at the switch something terrible happens. Usually a catastrophe. That is exactly what happened to this
Tag: Probate
A WILL CANNOT PROHIBIT THE SALE OF PROPERTY IN PERPETUITY
The recent Oklahoma case of In the Matter of the Estate of Stolba, 2019 OK CIV APP 43, involved a
PROTECTING THE MARITAL ELECTIVE SHARE THROUGH PROBATE
The public policy in Oklahoma is to protect the share of the estate that must be left to the surviving
Can you be disqualified to be a probate executor?
58 Oklahoma Statutes, Section 126 provides for the qualification of a probate executor: No person is competent to serve as
INHERITANCE FROM THE BIOLOGICAL FATHER BY ILLEGITIMATE CHILDREN
OKLAHOMA IS STRICT. IN ORDER FOR A CHILD BORN OUT OF WEDLOCK TO INHERIT FROM THE BIOLOGICAL FATHER IT MUST
WILL CONTESTANT HAS BURDEN OF PERSUASION
Testamentary capacity, or the ability to make a will, exists when a person has, in a general way, the faculty
HOMESTEAD RIGHT OF SURVIVING SPOUSE TO POSSESS AND OCCUPY RESIDENCE
A surviving spouse has the absolute right to claim a homestead right to occupy and live rent free in the
TRUST AND WILL NO CONTEST CLAUSES
The Oklahoma Court of Civil Appeals further defined what legal actions violate a forfeiture clause in a Trust. In Calhoon
PROBATE CONTESTS: ADMISSION OF THE WILL
The reasons why someone can object to a will being admitted into probate are: 1. Testator’s lack of competency to
LEGAL CAPACITY TO MAKE A WILL: TESTAMENTARY CAPACITY
THE ABILITY TO TRANSACT BUSINESS IS NOT THE SAME AS THE LEGAL CAPACITY TO MAKE A WILL. THE LEGAL CAPACITY